DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -1 (3), PUNE vs. M/S. CHAUDHARY ATTARSINGH YADAV MEMORIAL EDUCATIONAL TRUST, PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the tax effect in the appeal was below the revised monetary limit stipulated by the CBDT, the appeal was not maintainable. The Tribunal dismissed the appeal based on this circular.
What were the facts?
The Revenue filed an appeal before the ITAT. The tax effect in this appeal was less than Rs. 50.00 lakh, which was the revised monetary limit for filing appeals by the Department. The CBDT circular clarified that these revised limits were applicable to all pending appeals.
What were the issues?
Whether an appeal filed by the Revenue is maintainable when the tax effect is below the revised monetary limit prescribed by the CBDT circular for filing appeals before the Tribunal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
PER R.S.SYAL, VP : This appeal by the Revenue arises out of the order passed by the CIT(A)-13, Pune on 25-04-2019 in relation to the assessment year 2008-09.
It has been fairly admitted by the ld. DR that the tax effect in this appeal is less than Rs.50.00 lakh.
Recently, the CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of M/s. Chaudhary Attarsingh Yadav Memorial Educational Trust appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11-07- 2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, I am not inclined to entertain this appeal.
At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action.
M/s. Chaudhary Attarsingh Yadav Memorial Educational Trust
In view of the foregoing discussion, I dismiss the appeal filed by the Revenue.
In the result, the appeal is dismissed.
Order pronounced in the Open Court on 16th January, 2020. Sd/-
(R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 16th January, 2020 Satish
आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-13,Pune 4. The Pr. CIT-1, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
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